FMCSR 392.9 Load Securement Violations: Driver Q&A

Yes — and at a strikingly high rate. Even though 392.9 is not formally OOS-eligible on paper, our inspection records show a 78.1% out-of-service rate across all 3,878 all-time citations. That means in roughly 8 out of 10 inspections where this code was written, the driver was placed out of service. Inspectors have broad discretion when a load poses an immediate safety hazard, and the data makes clear they use it aggressively here. Never assume "not OOS-eligible" means you'll roll. In Texas alone, the last 180 days show an 88.1% OOS rate across 176 citations.

392.9 falls in the Unsafe Driving BASIC, which carries some of the heaviest CSA weight in the scoring system. A severity weight was not separately published in the data available here, so a precise point value can't be stated. What the data does confirm is that 392.9 sits at #396 out of 3,036 FMCSR codes by citation volume — it is a well-known and frequently enforced code. Points are also multiplied based on how recently the violation occurred: citations in the last 6 months carry a 3× time-weight multiplier, dropping to 2× at 6–12 months. The CSA impact fades after 36 months.

Act on the full inspection report, not just the 392.9 line. Across our database, inspections that produce a 392.9 citation almost always include additional violations. In the last 90 days, 392.9 appeared alongside inoperable required lamps (393.9) in 42 shared inspections, fatigued/ill driver citations (392.2RG) in 35, and no proof of periodic inspection (396.17C) in 26. Brake defects also appear frequently.

Immediate steps:

1. Secure or offload the cargo before moving — do not resume until load is compliant.
2. Pull the full inspection report and flag every co-cited code.
3. Address any brake or lighting defects — those can generate separate OOS orders.
4. Notify your safety manager so the event is logged before it hits your CSA score.

Yes — the OOS rate alone sets it apart. The all-FMCSR average OOS rate across our 13 million+ inspections is 31.4%. The 392.9 OOS rate of 78.1% is more than double that benchmark. For context, peer codes in the same Unsafe Driving category tell a very different story: 392.2 (operating while ill or fatigued) has 1,208,164 citations but only a 0.8% OOS rate. Even 392.2-SLLEQP, the highest among the peer group, sits at just 2.4%. A 392.9 finding triggers an out-of-service order at a rate that is exceptional relative to nearly everything else in its category.

Yes, DataQs is the correct channel. The FMCSA DataQs system (Request for Data Review, or RDR) allows drivers and carriers to challenge inspection findings that are factually incorrect, duplicate, or improperly coded. For 392.9, the most defensible challenges are documentation-based: if the load was properly secured and the inspector's notes don't reflect conditions at the time, that's a contestable factual dispute. Keep any photos, bills of lading, and shipper securement certifications you have from that trip. Submit through the FMCSA DataQs portal and reference the specific inspection report number. Successful challenges remove the violation from your PSP record and your carrier's SMS data.

Texas is by far the most active enforcement state for this violation. In the last 180 days, our inspection records show Texas issued 176 citations for 392.9 — nearly three times the next closest state. Illinois came in second with 59 citations, followed by North Carolina and Iowa tied at 6 citations each. Kentucky and New Mexico each recorded 4 citations in the same window, both with 100% OOS rates. If you run loads through Texas or Illinois, treat load securement compliance as a pre-trip priority, not an afterthought — the enforcement pressure there is measurably higher than the rest of the country.

It cannot wait. The 90-day citation count stands at 107, and enforcement is active and consistent. Looking at the last 12 months of data, monthly citations peaked at 81 in July 2025 and have not dropped below 28 in any single month. The OOS rate in those months has tracked closely — for example, 42 out of 49 citations resulted in an OOS order in November 2025. The pattern is clear: inspectors who write this code almost always pull the driver. Beyond the compliance clock, the co-occurrence data shows brake and fuel system defects frequently accompany this citation, meaning the safety risk compounds quickly. Correct the securement before the wheels move.

Both. Under FMCSA's CSA methodology, Unsafe Driving BASIC violations attach to the carrier's SMS profile and affect its Unsafe Driving BASIC percentile. The same citation also appears on the individual driver's Pre-Employment Screening Program (PSP) record, which carriers can pull when hiring. Our database shows that single carriers have accumulated up to 10 citations under 392.9 — SMYRNA READY MIX CONCRETE LLC leads all-time with 10 citations, and three other carriers have 9 apiece — illustrating how repeat findings accumulate on a carrier's record. Drivers who move between employers don't leave these citations behind; the PSP record travels with them for 36 months.